L4_-_Registration_of_Title_1_-_21.10.2024_-_Recording
Page 1: Introduction to Property Law
The lecture focuses on the topic of registration of title in property law, particularly in the context of the Institute of Law Jersey.
Page 2: Learning Objectives for Registered Land (Parts I & II)
This session aims to achieve several learning objectives:
Principles of Registered Conveyancing: Understand the fundamental principles underlying registered conveyancing.
Comparison with Unregistered Conveyancing: Identify key distinctions between registered and unregistered conveyancing systems.
Protection of Third-Party Rights: Clarify how rights of third parties are safeguarded in registered land contexts.
Overriding Interests: Discuss 'overriding interests', specifically the complications associated with section 70(1)(g) of the Land Registration Act (LRA) 1925, and note the adjustments made under LRA 2002.
Compulsory Registration Circumstances: Detail the scenarios where the registration of title becomes mandatory.
Evaluation of LRA 2002 Reforms: Critically assess the reforms implemented by LRA 2002.
Page 3: Real Property and Rights in Land
Real Property: Real property refers to land (realty) and is differentiated from personal property (personalty), which includes items like cars and jewelry.
Rights in Land: These constitute rights in things, often referred to as 'rights in rem', with land parcels being the primary 'things'.
Proprietary Rights: Land law recognizes that numerous parties may simultaneously hold legal interests in a single piece of land.
Estates in Land: An estate constitutes a defined duration for which a person can exercise rights over a property—there are two legal estates according to the Law of Property Act 1925:
Freehold Estate: A fee simple absolute in possession.
Leasehold Estate: A term of years absolute.
Page 4: Key Reminders
Nature of Titles: Registered title is the standard, though unregistered title persists.
Distinct Rules: Different rules apply to registered and unregistered titles across various legal topics.
Take Note: It is essential to maintain clear notes on regulations governing both registered and unregistered titles.
Practical Application: Understanding these principles is vital for accurately responding to problem questions.
Page 5: Two Systems – Registered & Unregistered Land
Unregistered Land
This denotes land ownership not formalized through title registration, with ownership established via title deeds.
Legal Requirement: According to LPA 1925, section 52(1), a freehold estate transfer requires a deed.
Title Deeds: They trace ownership lineage and may disclose interests binding to the land owner.
Registered Land
Every 'qualifying estate' gains registration with a designated title number at the Land Registry.
Contents of Register: Information includes ownership details and interests affecting the land.
Upon transfer, new owners must register themselves as proprietors.
Over 87% of titles in England and Wales are registered.
Page 6: Legal and Equitable Rights in Unregistered Land
Establishing ownership and identifying third-party rights are crucial for potential purchasers and mortgagees in unregistered land.
Title Deeds and Third-Party Rights: Title deeds outline legal rights that bind all purchasers, while equitable rights are influenced by the doctrine of notice, which indicates they bind all except bona fide purchasers unaware of such rights.
Page 7: Legal and Equitable Rights Recap Example
Scenario in 1920: John, the owner of a freehold estate, grants a legal easement to Sarah and an equitable easement to Jack.
Question Assessment: Consider how Sally, who purchases from John in 1922, verifies John's ownership and whether she is bound by the easements held by Sarah and Jack.
Page 8: Understanding Registered Land
Concept of Registered Title: Registered land is that whose title is captured in an electronic register, managed by Land Registry.
Legislation: The LRA 2002 governs registered land and replaces the LRA 1925.
Information Available: Each registered title includes a description of the estate, the owner's name, and details about third-party interests.
Page 9: Differences between Registered and Unregistered Land
Registration Nature: Registered land is title-based, contrasting with the documentary focus of unregistered land.
No Land Charges Register: The principle of notice does not apply within registered land frameworks.
Regulation: Governed by the Land Registration Act 2002 alongside the Land Registration Rules 2003.
Page 10: General Aims of Registered Land System
Purpose of Registration: Land registration enhances publicity.
Further Objectives: Ensure security and protection for purchasers and interest holders, beyond mere publicity.
Page 11: Aims of a Registration System
Accurate Reflection: A primary goal is to provide a clear portrayal of land ownership and interests.
Cost-Efficiency: Reduces costs and difficulties associated with inspecting the root of title in unregistered land.
Fraud Reduction: Diminishes fraud risk, where the State guarantees title validity.
Disclosure of Rights: Alerts potential buyers to any proprietary rights affecting the land.
Process Improvement: Standardization and streamlining of the conveyancing process.
Support Economy: Reinforces the property market, benefiting the broader economy.
Page 12: Limitations of Registration
Realistic Expectations: Complete registration of all titles is often unrealistic.
Compromises and Trade-Offs: Registration systems present inherent trade-offs, particularly between rights of landowners and the interests of purchasers.
Page 13: Foundational Principles of the Land Registration Act 2002
The LRA 2002 encompasses specific foundational principles crucial for title registration.
Page 14: Three Foundational Principles
The Mirror Principle: The register should reflect all rights and interests accurately.
The Curtain Principle: Concerns equitable interests and provisions under trusts that may not be apparent in the register.
The Insurance Principle: The State provides guarantees on the accuracy of registered titles, with indemnity for losses suffered due to errors.
Page 15: The Mirror Principle Challenges
The aspiration for a complete mirror can be disrupted by overriding interests and the registration gap.
Page 16: Understanding the Curtain Principle
This principle refers to the dynamics of equitable interests under a trust.
If the requirements for overreaching are unmet, equitable interests remain 'behind the curtain'.
Page 17: Discussion on the Curtain Principle
Limitations: Issues arise concerning the intra vires of trustees impacting their ability to transfer title, mandating consideration of the trust instrument.
Page 18: The Insurance Principle Explained
The principle emphasizes the State's commitment to guaranteeing the accuracy of registered titles.
Page 19: Overview of Three Principles
Initially conceptualized by Ruoff, these principles serve as a foundation for analyzing registration regimes.
Exam Tip: Questions may seek critiques of how the LRA 1925 and LRA 2002 adhere to these principles, exploring their strengths and weaknesses.
Page 20: Deficiencies in LRA 1925
Key issues identified by the Law Commission included excessive complexity, poor drafting, and the prevalence of ‘overriding interests’.
Page 21: Aims of the LRA 2002
The LRA 2002 endeavors to modernize and simplify the registration system while reinforcing the core principles of its predecessor.
Focus on Speed and Certainty: The new regime aims to enhance transaction reliability and ensure the register accurately reflects land titles.
Page 22: Transition towards E-Conveyancing
Shift towards electronic conveyancing has faced challenges, including practical implementation limitations.
Page 23: Expanding Registration Triggers
The LRA 2002 encourages both compulsory and voluntary registration of interests, addressing adverse possession claims.
Page 24: Important Dispositions Under LRA 2002
Sections of the LRA 2002 pertaining to adverse possession and updates recommend minor changes to existing provisions.
Page 25: Registered Title Transaction Simplification
The LRA 2002 aimed to consolidate the property transfer process, enabling more secure transactions and eliminating the registration gap.
Page 26: Implementation of LRA 2002
Enacted on February 26, 2002, and enforced in October 2003, key principles largely remain untouched by the reforms introduced by the LRA 2002.
Page 27: Conclusion: Institute of Law Jersey
The session concludes, directing to the Institute of Law Jersey for further resources and information.